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Cease and Desist Letter for Trademark Infringement

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Cease and Desist Letter for Trademark Infringement Information:

A Cease and Desist Letter is a letter demanding that the recipient of the letter immediately stop engaging in a certain act as it is potentially infringing on your trademark. Cease and desist letters are generally taken seriously. As a trademark owner you should send a cease-and-desist letter as soon as you learn about the possible infringements as it may affect your business and rights.

A trademark may be a mark, a name, a logo, slogan or design that has been used in conjunction with goods or services. The trademark acts as an identifier and helps distinguish the good or service from others. When a business has a trademark that is well established it helps create goodwill with its consumers, patrons and the general public. Trademarks also help to prevent consumer confusion, as well as to protect owners of more famous or popular marks from being tarnished or diluted by other players in that industry.

In order to determine whether one should send a cease-and-desist letter it is important to determine whether there is sufficient similarity between the trademark and/or the services or goods to cause a likelihood of confusion among consumers. If you determine that there is a likelihood of confusion and that the infringing trademark user is affecting your business, you should send a Cease and Desist letter as soon as possible.